Research On Improvement Of Tobacco Advertisement Supervision In China

To control the tobacco epidemic,China has signed the “Framework Convention on Tobacco Control”(“FCTC”)of World Health Organization,which has been come into effect for 14 years till now.“Banning tobacco advertising,promotion and sponsorship” is an important part of FCTC to reduce tobacco demand.The new “Advertisement Law” has achieved obvious improvement in the regulation of tobacco advertisement complemented since September 1,2015,and the “Interim Measures for the Administration of Internet Advertising” issued in 2016 has banned the advertisement of tobacco on the internet.The legal regulation of tobacco advertising in China is gradually mature,but although the new law imposes broader restrictions on tobacco advertising,the regulatory effect has not reached the expected goal and there are still a lot of tobacco advertising,promotion and sponsorship activities in real life.Given tobacco is a special commodity,in order to protect public health,especially the health of minors and keep it away from the hazard of tobacco,effective supervision of tobacco advertising is required.China currently adopts the principle of “comprehensive ban” on tobacco advertising,which is a choice that takes into account national revenue and the interests of all parties.However,due to the lack of maneuverability and loopholes in the current tobacco advertising legislation,insufficient administrative enforcement and conflicts between tobacco control and tobacco industry system,it is difficult to distinguish between tobacco advertising and product information,and whether tobacco point of sale belongs to “Public Places " is controversial,indirect tobacco advertising is still widespread and illegal tobacco advertising is difficult to ban.All these issues need to be improved.Therefore,we shall improve the supervision of tobacco advertising in China according to the four paths that perfecting legislation,strengthening administrative law enforcement,promoting self-discipline of advertising industry and social supervision based on the overseas experience and practice and in combination with the actual situation of our country.From perfecting legislation perspective,clarify the legal definition of tobacco advertising,distinguish between prohibitive and restrictive point of sale advertising and strengthen the regulation of indirect tobacco advertising through formulating implementation rules.From strengthening administrative law enforcement perspective,strengthen the supervision in process by improving tobacco advertising monitoring system and improve the punishment mechanism of afterwards supervision.Build self-discipline system of tobacco advertising industry and improve public reporting and reward system as well as public interest litigation system to supplement the government supervision of tobacco advertising,which makes tobacco products operators and advertisement publishers observe discipline and abide by the law to make tobacco advertising can be more effectively supervised.